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2010-0224/19/2010 ORDINANCE NO. 2010 -022 GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BUFFALO GROVE SIGN CODE Banner Plumbing Supply Company, Inc., 1020 Lake Cook Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property (,"Property") hereinafter legally described is zoned in he Industrial District, commonly known as 1020 Lake Cook Road, and is occupied by a building leased by Banner Plumbing Supply Company, Inc. (hereinafter sometimes referred to as "Banner Plumbing "); and, WHEREAS, Banner Plumbing has requested variations of the Village Sign Code to allow installation of a second wall sign on the south wall of the building on the Property; and, WHEREAS, said second wall sign is proposed to be an electronic digital display, regulated by the Village Sign Code as a "changeable copy sign;" and, WHEREAS, the requested variations of the Village Sign Code are as follows: Section 14.20.050, pertaining to Industrial Districts; Section 14.20.080, pertaining to Wall Signs, and Section 14.40.025, pertaining to changeable copy signs; and, WHEREAS, the Zoning Board of Appeals held a public hearing, received testimony, prepared minutes, made certain findings, and made an affirmative recommendation on the said request for variations for the Banner Plumbing changeable copy sign; and 1 0 E WHEREAS, the Corporate Authorities have previously approved Ordinance No. 2007 -6 which granted a special use for retail sales in the showroom of the Banner Plumbing building located at 1020 Lake Cook Road and approved a variation of Section 17.48.020.C.I5.c. of the Village Zoning Code to allow a wall sign of 392 square feet instead of 300 square feet on the south wall of the building pursuant to the Exhibits attached to said Ordinance; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove, hereby determine and find that the variations requested for the changeable copy wall sign are in harmony ,with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code) , and that (1) the requirements of the Sign Code would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the property, (2) the granting of the requested variances will not be materially detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and (4) the granting of the variances will not be contrary to the general objective of the Sign Code of moderating the size, number and " obtrusive placement of signs and the reduction of clutter. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. Variations are hereby granted to Sections 14.20.050, 14.20.080, and 14.40.025 of the Village Sign Code, Title 14 of the Buffalo Grove Municipal Code, for the purpose of allowing a second wall sign on the south wall of the building at 1020 Lake Cook Road, which sign will be an electronic digital display, for the Property legally described as follows: Lot 1 in Chevy Chase Business Park — West Resubdivision 3, being a Resubdivision of part of the southeast quarter and part of the east half of the southwest quarter of Section 34, Township 43 north, Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded November 24, 1993 as Document Number 3441516, in Lake County, Illinois. Commonly known as: 1020 Lake Cook Road, Buffalo Grove, Illinois 60089. PIN 15 -34- 315 -030 2 Section 3. The variations are subject to the following conditions: A. The sign is to be installed in accordance to Zoning Board of Appeals Exhibit `B7" which is attached hereto as Exhibit `B." B. The hours of illuminations of the sign are restricted to 6:00 a.m. to 10:00 p.m., C. That Village staff will conduct a review within three months and again at twelve months of the date of the initial installation and operation of the sign to determine if lighting, illuminations, timing of screen changes or other aspects of the sign present an unacceptable impact upon safety (in the Village's sole discretion) and thereupon would need modifications or elimination. D. That this Ordinance is subject to the Corporate Authorities of the Village amending Village Ordinance No. 2007 -6. E. The variations approved herein are only granted to Banner Plumbing Supply Company, Inc-, and shall not run with the land and are not assignable. F. The sign shall be operated in accordance with the requirements and standards set forth in Exhibit "C" attached hereto. Section 4. This Ordinance shall be in full force'and effect from and after its passage, and approval, subject to execution by the Banner Plumbing Supply Company, Inc. of the Acceptance and Consent Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof and the filing of said Acceptance and Consent Agreement with the Village prior to the issuance of any Village permit for the subject sign. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYES: 0 — None ABSENT: 0 — None PASSED: April 19 , 2010. APPROVED: April 19 2010. . •3 • ATTEST: Vi ge Clerk f:A rzllcA buffalogrovc Atitlei4signs \sign6l (900070900) This document was prepared by: William Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPR VED:,/ Z�z e /,- Village President Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 • .4 1 • 0 EXHIBIT A 0 ACCEPTANCE AND CONSENT AGREEMENT The undersigned, Banner Plumbing Supply Company, Inc. an Illinois corporation, does hereby accept and agree to abide by the provisions, requirements, and conditions contained within Village Ordinance No. 2010 - 022 and does hereby acknowledge that the fulfillment of such provisions, requirements, and conditions is essential to the grant and continuance of the sign variations allowed therein and that but for the imposition of such provisions, requirements, and conditions, the sign variations would not have been granted. The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available to the Village to secure compliance with the provisions, requirement, and conditions agreed to herein. SUBSCRIBED AND SWORN TO before me this day of_� X-�Q 2010. Notary "t Banner Plumbing Supply Company, Inc Byf fA yc� Print name nd title Signature OFFICIAL SEAT. JILL SPECTOR NOTARY PUBLIC - STATE OF U MIpIS W COMMISSM EX11M.t03MO R A �:ii . ^ ZONING 30ARD Or APf-L; , t,JfM1T r s CJ EXHIBIT C 0 SIGN OPERATION REQUIREMENTS Banner Plumbing Supply Company 1020 Lake Cook Road, Buffalo Grove, IL 1. No more than four lines of copy shall be used at any one time on the digital display. 2. Changes shall occur no more than once every twenty (20) seconds. All changes shall be instantaneous and shall not use any fading, moving or any other text /image change techniques that simulate movement. 3. The sign shall not have a light intensity of greater than a nit' level of 11,000 during the daylight hours and a nit level of no more than 750 from anytime of operation prior to sunrise and anytime of operation after sunset. At no time shall the sign illumination vary from the requirements as set forth in Exhibit C 4. The sign shall not display any video, animation or moving pictures or simulate any movement or the optical illusion of movement of any part of the sign text, design or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity. 5. The sign shall not be used to advertise any product or service other than the products and services provided at the property by Banner Plumbing. Events and notices to promote a civic event or a Federal Holiday may be posted with the advance approval of the Village of Buffalo Grove. 1. NOTE: "nit' is a unit of measurement pertaining to luminance or "brightness." Luminance is specified in candelas per square meter (Cd/m2) or nits. Banner Plumbing By: Gic,� kc10, U 1 C2 rvea" - Print Name and Title a4AX.��� Signature I STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on, April 19, 2010 the Corporate Authorities of the Village passed and approved Ordinance No. 2010 -22, AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BUFFALO GROVE SIGN CODE, Banner Plumbing Supply Company, Inc. 1020 Lake Cook Road provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No, 2010 -22, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on April 20, 2010 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 9th day of June, 2010. 0 4/19/2010 ORDINANCE NO. 2010 -022 GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BUFFALO GROVE SIGN CODE Banner Plumbing Supply Company Inc. 1020 Lake Cook Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Elinc;is Constitution of 1970; and WHEREAS, the real property r "Property ") hereinafter legally described is zoy ed in ,he Industrial District, commonly known as 1020 Lake Cook Road, and is occupied by a building leased by Banner Plumbing Supply Company, Inc.(hereinafter sometimes referred to as `Banner Plumbing "); and, WHEREAS, Banner Plumbing has requested variations of the Village Sign Code to allow installation of a second wall sign on the south wall of the building on the Property; and, WHEREAS, said second wall sign is proposed to be an electronic digital display, regulated by the Village Sign Code as a "changeable copy sign;" and, WHEREAS, the requested variations of the Village Sign Code are as follows: Section 14.20.050, pertaining to Industrial Districts; Section 14.20.080, pertaining to Wall Signs, and Section 14.40.025, pertaining to changeable copy signs; and, WHEREAS, the Zoning Board of Appeals held a public hearing, received testimony, prepared minutes, made certain findings, and made an affirmative recommendation on the said request for variations for the Banner Plumbing changeable copy sign; and 1 WHEREAS, the Corporate Authorities have previously approved Ordinance No. 2007 -6 which granted a special use for retail sales in the showroom of the Banner Plumbing building located at 1020 Lake Cook Road and approved a variation of Section 17.48.020.C.I5.c. of the Village Zoning Code to allow a wall sign of 392 square feet instead of 300 square feet on the south wall of the building pursuant to the Exhibits attached to said Ordinance; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove, hereby determine and find that the variations requested for the changeable copy wall sign are in harmony with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code) , and that (1) the requirements of the Sign Code would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the property, (2) the granting of the requested variances will not be materially detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and (4) the granting of the variances will not be contrary to the general objective of the Sign Code of moderating the size, number and obtrusive placement of signs and the reduction of clutter. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. Variations are hereby granted to Sections 14.20.050, 14.20.080, and 14.40.025 of the Village Sign Code, Title 14 of the Buffalo Grove Municipal Code, for the purpose of allowing a second wall sign on the south wall of the building at 1020 Lake Cook Road, which sign will be an electronic digital display, for the Property legally described as follows: Lot 1 in Chevy Chase Business Park — West Resubdivision 3, being a Resubdivision of part of the southeast quarter and part of the east half of the southwest quarter of Section 34, Township 43 north, Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded November 24, 1993 as Document Number 3441516, in Lake County, Illinois. Commonly known as: 1020 Lake Cook Road, Buffalo Grove, Illinois 60089. PIN 15- 34-315 -030 0) Section 3. The variations are subject to the following conditions: A. The sign is to be installed in accordance to Zoning Board of Appeals Exhibit "E7" which is attached hereto as Exhibit `B." B. The hours of illuminations of the sign are restricted to 6:00 a.m. to 10:00 P.M., C. That Village staff will conduct a review within three months and again at twelve months of the date of the initial installation and operation of the sign to determine if lighting, illuminations, timing of screen changes or other aspects of the sign present an unacceptable impact upon safety (in the Village's sole discretion) and thereupon would need modifications or elimination. D. That this Ordinance is subject to the Corporate Authorities of the Village amending Village Ordinance No. 2007 -6. E. The variations approved herein are only granted to Banner Plumbing Supply Company, Inc'. and shall not run with the land and are not assignable. F. The sign shall be operated in accordance with the requirements and standards set forth in Exhibit "C" attached hereto. Section 4. This Ordinance shall be in -full force and effect from and after its passage, and approval, subject to execution by the Banner Plumbing Supply Company, Inc. of the Acceptance and Consent Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof and the filing of said Acceptance and Consent Agreement with the Village prior to the issuance of any Village permit for the subject sign. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Trilling. Stone. Sussman NAYES: 0 — None ABSENT: 0 — None PASSED: April 19 2010. APPROVED: April 19 2010. 3 ATTEST: Viii ge Clerk f.\ rzllc\ bu ffalogrove \titlel4signs \sign6l ( #00070900) This document was prepared by: William Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 10 APPR VED: Village President Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 EXHIBIT A ACCEPTANCE AND CONSENT AGREEMENT The undersigned, Banner Plumbing Supply Company, Inc. an Illinois corporation, does hereby accept and agree to abide by the provisions, requirements, and conditions contained within Village Ordinance No. 2010 - 022 and does hereby acknowledge that the fulfillment of such provisions, requirements, and conditions is essential to the grant and continuance of the sign variations allowed therein and that but for the imposition of such provisions, requirements, and conditions, the sign variations would not have been granted. The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available to the Village to secure compliance with the provisions, requirement, and conditions agreed to herein. SUBSCRIBED AND SWORN TO before me this day of� 2010. Notary "t OFFICIAL SEAL JILL SPECTOR NOTARY PUBUC • STATE OF o Lt= My COIWASWON EXP REVOG�OI10 5 Banner Plumbing Supply Company, Inc Bye' tj e— 4:Lj:jr_ Vr14�-? Print name nd title Signature A POAPD OF Arr!";'Il / I EXHIBIT C SIGN OPERATION REQUIREMENTS Banner Plumbing Supply Company 1020 Lake Cook Road, Buffalo Grove, IL 1. No more than four lines of copy shall be used at any one time on the digital display. 2. Changes shall occur no more than once every twenty (20) seconds. All changes shall be instantaneous and shall not use any fading, moving or any other text/image change techniques that simulate movement. 3. The sign shall not have a light intensity of greater than a nit' level of 11,000 during the daylight hours and a nit level of no more than 750 from anytime of operation prior to sunrise and anytime of operation after sunset. At no time shall the sign illumination vary from the requirements as set forth in Exhibit C 4. The sign shall not display any video, animation or moving pictures or simulate any movement or the optical illusion of movement of any part of the sign text, design or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity. 5. The sign shall not be used to advertise any product or service other than the products and services provided at the property by Banner Plumbing. Events and notices to promote a civic event or a Federal Holiday may be posted with the advance approval of the Village of Buffalo Grove. 1. NOTE: "nit' is a unit of measurement pertaining to luminance or "brightness." Luminance is specified in candelas per square meter (Cd/m2) or nits. Banner Plumbing By: 6ey12 �A . we-p- Pvea"�.- Print Name and Title Signature